Salerno v. Espinoza

OPINION

EHRLICH, Judge.

¶ 1 In 2001, the superior court convicted Fox Joseph Salerno of theft, a class 3 felony, and sentenced him to twenty years’ imprisonment. Three years later, Salerno filed a civil complaint, asserting a sentencing error based on alleged misconduct by P.M. Espinoza, who, in 2001, had served as the trial judge’s deputy clerk. The superior court concluded that Arizona Revised Statutes (“A.R.S.”) § 12-821.01 (2003) barred any action against Espinoza arising from the 2001 trial and, thus, dismissed Salerno’s complaint. We affirm the dismissal.

BACKGROUND

¶2 Espinoza was a deputy…